31 Tex. Admin. Code § 57.122 - Permit Application, Issuance, and Period of Validity

(a) Interstate transit permits. Interstate transit permit application, issuance, and period of validity are described in § 57.121 of this title (relating to Transport of Live Controlled Exotic Species).

(b) Permit application.

(1) Submission deadline. An initial application for any permit under this subchapter shall be submitted at least 30 days prior to any prospective activity involving controlled exotic species.

(2) General requirements. An applicant for any permit under this subchapter shall submit:

(A) Application--a completed and signed application for the appropriate permit on a form supplied by the department;

(B) Applicant information--Texas driver's license or identification number, Social Security number, and date of birth for the applicant and each manager or other person who is to supervise permitted activities;

(C) Additional required documentation--as described in subsection (3) of this section or otherwise specified by this subchapter; and

(D) Fees--the appropriate fee specified in § 53.15 of this title (relating to Miscellaneous Fisheries and Wildlife Licenses and Permits), except that fees shall be waived for:

(i) public school educational programs meeting the conditions in Parks and Wildlife Code, § 66.007(c-1) provided that the applicant submits a written request for a fee waiver, including course descriptions or curriculum demonstrating controlled exotic species will be part of an educational program that includes tilapia aquaculture and hydroponics.

(ii) physical removal of controlled exotic species of plants from public water in accordance with an approved treatment proposal in accordance with § 57.932 of this title (relating to State Aquatic Vegetation Plan).

(iii) stocking triploid grass carp in public water.

(3) Additional documentation requirements.

(A) Required licenses. Applicants for limited special purpose permits for private pond stocking shall submit a copy of a retail or wholesale dealer's license, as applicable, in accordance with Parks and Wildlife Code, Chapter 47.

(B) Wastewater discharge authorization. Applicants for commercial aquaculture facility permits shall submit documentation required by § 57.120 of this title (relating to Facility Wastewater Discharge Requirements).

(C) Nuisance Aquatic Vegetation treatment proposal. Applicants for a permit to possess, transport, and dispose controlled exotic species of plants shall also submit a treatment proposal on a department form in accordance with § 57.932 of this title that includes maps showing the location where plant removal and/or disposal is to occur and routes from the removal location to the location for disposal of controlled exotic species of plants.

(D) Facility map. Applicants for commercial aquaculture facility permits, biological control production permits, zoological display or research permits with outdoor holding facilities, or limited special purpose permits for wastewater treatment shall submit an accurate map or aerial photograph of the facility location with the initial application. For facilities located within the 100-year flood plain, a professionally surveyed map may be required by the department. Maps shall be clearly labeled to indicate, at a minimum, the location of:

(i) any facility ponds, greenhouses, recirculating aquaculture systems or other infrastructure used to possess, propagate, culture, or transport controlled exotic species;

(ii) all drainage routes and structures, including adjacent ditches or natural drainage features;

(iii) all points at which water, wastewater, or waste is capable of being discharged or else noting that the facility does not discharge; and

(iv) all screens, barriers, or other structures that are intended or serve to prevent escape, release, discharge, or unauthorized removal of controlled exotic species.

(E) Emergency plan. Applicants for commercial aquaculture facility permits, water spinach culture facility permits, research permits (when live controlled exotic species are possessed), zoological display permits, and biological control production permits shall submit a written emergency plan, on the appropriate department form, demonstrating that the applicant has identified measures sufficient to prevent escape, release, or discharge of controlled exotic species into public water during a natural event such as a hurricane or flood. Approved emergency plan shall be posted and maintained on file at the facility.

(F) Research proposal and researcher qualifications. An applicant for a permit to conduct scientific research involving controlled exotic species shall also submit a research proposal and documentation of applicant qualifications to conduct controlled exotic species research.

(G) Biological control production plan. An applicant for a permit to culture controlled exotic species of plants as hosts for the purposes of production of biological control agents shall also submit a written production plan statement to include, at a minimum:

(i) the proposed number of biological control agents, if any, to be collected from public waters each year;

(ii) the expected production of the controlled exotic species of plants in acres or square feet; and

(iii) the intended use of the biological control agents including water bodies where the biological control agents may be introduced.

(c) Permit issuance. The department will not issue a permit under this subchapter for any purpose until:

(1) the application and additional documentation required by this section are determined to be adequate and complete;

(2) fees have been submitted, if applicable;

(3) facility has been inspected and approved in accordance with the requirements of § 57.119 of this title (relating to Minimum Facility Requirements), if applicable; and

(4) the department has determined that the prospective activity is consistent with the department's management policies and goals and will not detrimentally affect threatened or endangered species or their habitat or affect existing biological ecosystems.

(d) Period of validity. Unless otherwise provided in this subchapter, a controlled exotic species permit issued under this subchapter is valid from the date of issuance until December 31 of the year of issuance, except that a permit to physically remove controlled exotic plants from public water in accordance with an approved vegetation treatment proposal shall have the same period of validity as the vegetation treatment proposal, as specified in the guidance document required by § 57.932 of this title.

Notes

31 Tex. Admin. Code § 57.122

The provisions of this §57.122 adopted to be effective June 12, 2013, 38 TexReg 3644; Adopted by Texas Register, Volume 46, Number 04, January 22, 2021, TexReg 0576, eff. 1/27/2021; Amended by Texas Register, Volume 46, Number 47, November 19, 2021, TexReg 7893, eff. 11/22/2021